Paragraph 2 I1

In this Part—

• “affected undertaker” means—

  1. (a)

     a licence holder within the meaning of Part 1 of the 1989 Act;

  2. (b)

     a gas transporter within the meaning of Part 1 of the Gas Act 1986^f1;

  3. (c)

     a water undertaker^f2; and

  4. (d)

     a sewerage undertaker,

  for the area of the authorised development, and in relation to any apparatus, means the affected undertaker to whom it belongs or by whom it is maintained;

• “alternative apparatus” means alternative apparatus adequate to enable the affected undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus”—

  1. (a)

     in the case of an affected undertaker that is a licence holder within the meaning of Part 1 of the 1989 Act, means electric lines or electrical plant (as defined in the 1989 Act) belonging to or maintained by the affected undertaker;

  2. (b)

     in the case of an affected undertaker that is a gas transported within the meaning of Part 1 of the Gas Act 1986, means any mains, pipes or other apparatus belonging to or maintained by the affected undertaker for the purposes of gas supply;

  3. (c)

     in the case of an affected undertaker that is a water undertaker, means mains, pipes or other apparatus belonging to or maintained by the affected undertaker for the purposes of water supply; and

  4. (d)

     in the case of an affected undertaker that is a sewerage undertaker—

     1. (i)

        means—

        1. (aa)

           any drain or works vested in the affected undertaker under the Water Industry Act 1991; and

        2. (bb)

           any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act; and

     2. (ii)

        includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

  and in each case includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or on land.